TaxTMI 
TaxTMI 
2024 (8) TMI 1160
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....on of India. 3. By means of the instant bail application, the applicant seeks bail in respect of Case Crime No.01/2024-2025, under Sections 135, Customs Act, 1962 relating to P.S. Custom Airport, District Lucknow. 4. It has been stated that as per the version of the prosecution, the applicant was travelling from Sharjah to Lucknow in Flight no.6E-1424 on 01.04.2024. Upon arrival at Lucknow airport, the baggage of the applicant was checked. It is alleged that from the baggage of the applicant, 4 cartons of cigarettes of foreign origin valued at Rs.9,63,000/- is said to have been recovered.It is further submitted that 30 Saudi Riyal valued at Rs.667.80/- Indian currency and 190 UAE Dirham valued at Rs.4318.70/- Indian currency and further a....
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.... must include a body of the individuals or an association of the persons whether registered or not. 8. It is further urged that in the instant case, all the co-accused as well as the applicant were travelling on the same flight from Sharjah to Lucknow and each of them were carrying contraband items which were confiscated. All the persons together were working in tandem with each other. In such circumstances they should be treated as a body of persons apart from the fact that they all belong to the same District Rampur, in order to over reach the provisions of law each was carrying contraband items reducing its value to enable them to get bail if apprehended. Since they were working together the collective value of the confiscated items if ....
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.... to form an association of persons or a body of individual with common goal. 12. It is also to be noticed that the name of the applicant has surfaced from the statement of co-accused and there is self incriminating statement of the applicant which has been brought on record by the respondent-department alongwith their counter-affidavit. However, noticing the statement which have been brought on record, they were taken when the applicant was in custody. The same is the situation with the statement of the other co-accused Mohd Sadiq. In such circumstances, the said statement may not have too much of relevance of this at this stage unless the same is tested in trial. 13. Noticing the decision of the Co-ordinate Bench in Ram Chandar (supra), ....
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....dering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned counsel for the Customs that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 17. Let the applicant Zareef Ahmad involved in the aforesaid FIR/Case Crime Number be released on bail....